Giorgio Marfella 0:06
OK, good afternoon and welcome everybody. My name is Giorgio Marfella. I'm the Chair of the Architects Registration Board of Victoria. So, as always, I'd like to begin this webinar by acknowledging the traditional owners of the lands in which we are meeting. I'm in the land of the Wurundjeri people of the Kulin Nation, and I pay my respects to the eldest past, present and emerging.
So, today's presentation is focused on the regulatory framework of the ARBV and in particular we will focus on the introduction, the recent introduction of the new regulation, the 2026 regulations now. The Architects regulations are an important part of a framework and they contain a very important document, which is the code of conduct that has been significantly improved and amended. So now given the topic of the subject of our presentation today, we are doing this in-house, so we don't have external guests, but we have two dear colleagues from the ARBV, we have Glenice Fox, who is the CEO and Registrar of the ARBV, and Lisa Tickell, who is the Manager of Complaints and Investigations at the ARBV.
So, I'll be handing over very quickly to Glenice, but in the meantime, before I do that, I wanted to remind you all that this is also an opportunity for continuing professional development and we will allow for two points this time, given the information that will be presented here today, but also the considerable reading as Architects, I'm sure you understand you'll have to do given the introduction of the new code of conduct. And so we will also have some questions along the way. And so, as always, I'll be back towards the end. If you have questions, particularly regarding the new code of conduct, we will try to answer them time permitting and if need be, we might also relay back some of those questions through our newsletter.
We're obviously in a phase of introducing this. Part of this webinar is to bring to everybody's attention these important changes. So, we're here obviously to help everybody to embed them in your conduct, in your practice. Okay, so with this, I can simply hand over to Glenice and I'll be back towards the end, so over to you, Glenice.
Glenice Fox 2:34
Thank you, Giorgio. Welcome everyone. As we are providing you with a lot of detail today, I want to assure you that we have resources available on the website about the changes. We'll discuss those towards the end of the presentation.
As you know, the ARBV is responsible for regulating the architecture profession in Victoria. Maintaining standards of professional conduct and practise of architects, and providing protection for clients, users and the public in relation to the provision of architectural services. Regulatory activity by the ARBV is undertaken under the following legislation. The Architects Act, The Architects Regulations and The Victorian Architects Code of Professional Conduct, which forms part of the regulations. So, while there have been changes to the legislation, the overall framework remains the same.
The regulatory framework imposes a range of requirements on regulated entities. The main requirements are: the requirement to register as an architect or obtain approval as a partnership or company and to renew on an annual basis. There are also prohibitions on representing a person as an architect without registration, or a body as an approved company or partnership without approval. Architects must also uphold standards of professional conduct in the Architects Code of Professional Conduct and in the Act.
So, while there have been changes to the detail of some of the requirements, they fundamentally remain the same. We have been communicating with you about the changes for some time now. The changes include the legislative amendments to the Act which came into place in August last year. They also include the changes to the regulations and the code, which came into operation on the 25th of April.
Importantly, Architects, companies and partnerships must comply with the amendments in the Act by the 30th of June for the upcoming renewal.
The rest of the presentation is divided into sections. In this section, we'll run through the amendments to the Architects Act that affect registration. As renewal is commencing in May, these amendments will soon impact Architects. If I can give you some reassurance, it's that a lot of the changes won't impact you as long as you complete renewal on time. This is a key message that I want you to take away from today's presentation.
As registration no longer continues in perpetuity, all Architects, both practising and non-practicing, companies and partnerships must renew by the 30th of June.
The process is now more aligned to other jurisdictions and other professions. This slide outlines renewal requirements you should be aware of, the renewal date, fees, proof of insurance and necessary declarations. I'll discuss these requirements in more detail in the next slides.
As noted, non-practicing architects must now renew their registration by the 30th of June. The following requirements must be satisfied by non-practicing architects. They must make a declaration that they intend to remain non-practicing and advise the ARBV if that intention changes. They must also make a declaration that they are a fit and proper person to be registered. This allows architects to communicate their intention to remain in the non-practicing class, ensures information on the register is up to date, and ensures that non-practicing architects confirm that they continue to be a fit and proper person to be registered.
There are no renewal fees that apply. For those of you familiar with older versions of the Architects Regulations predating 2015, you may recall that the fees were payable.
But these regulations have not reintroduced renewal fees for non-practising Architects. For non-practicing Architects that don't complete renewal, their registration ceases and they will be removed from the register.
Once your registration ceases and you are removed from the register, you cannot call yourself an architect. So, you will need to maintain your registration in the non-practicing class if you want to continue using the title.
Renewal must be completed by the 30th of June. Previously it was the 1st of July. If you complete renewal by the 30th of June, you will experience little change compared to the previous process.
But if renewal occurs after the 30th of June, new requirements apply.
This includes additional fees for practising architects, companies and partnerships, removal from the Registrar of Architects if you have not renewed by the 1st of August. This is because your registration will have ceased. You have two months from the 1st of August to apply for reinstatement. And if you don't apply for reinstatement by the 1st of October, you will need to satisfy the Board that it's reasonable to accept your reinstatement application. Once your registration ceases, you are removed from the register, and you cannot call yourself an architect and provide architectural services.
I've said this many times in this presentation, but you must complete register by the 30th of June. If you don't complete renewal by the 30th of June, that's when you will encounter changes. A late fee is payable if renewal requirements are not completed by the 30th of June, which is calculated on 12 Fee units. At the current fee rate, that equates to $201.72, but you should bear in mind that the fee units usually increase in April or May every year to account for CPI, so that that amount may increase slightly in the coming weeks. So, the late fee must be paid in addition to the renewal fee. Where registration or approval is not renewed and an application for reinstatement is made, a reinstatement fee will apply in addition to a renewal fee.
The reinstatement fee is calculated on 18 fee units, which equates to $302.58 based on the current fee unit rate. But as I noted earlier, that may increase slightly in the coming weeks. The reinstatement fee must be paid in addition to the renewal fee.
Given that additional fees are now applicable, it's important that Architects who wish to make a financial hardship application in relation to the payment of renewal fees do so before the 30th of June.
In terms of renewal documentation, you will already be familiar with these. So, in addition to payment of renewal fees, the following requirements must be satisfied. Practising Architects, companies and partnerships must provide proof of professional indemnity insurance, which I'll discuss in more detail in a moment. And practising architects must also make declarations that they have met CPD requirements, and they are a fit and proper person to be registered as an architect. As noted earlier, non-practicing Architects must also make a fit and proper person declaration at renewal.
Okay, so we've got our first quiz question coming up. That question is, what are the renewal requirements for a practising architect? You need to:
A. Just pay the renewal fee by the 30th of June.
B. Complete the fit and proper person declaration, provide proof of insurance and complete the CPD declaration.
C. Complete the fit and proper person declaration, provide proof of insurance, complete the CPD declaration and pay the renewal fee by the 30th of June.
Or D. Provide proof of insurance, complete the CPD declaration and pay the renewal fee by the 30th of June.
So, I'll just give you a moment to consider your answer...
Okay, we might move on to the answer now...
So the correct answer is C, complete the fit and proper person declaration, provide proof of insurance, complete the CPD declaration and pay the renewal fee by the 30th of June. Okay, so we've got another quiz question coming up.
At what point during the renewal process will the late fee become applicable for practising Architects, companies, and partnerships?
A. From the 1st of July, as renewal must be completed by the 30th of June.
B. From the 1st of August, as renewal must be completed by the 31st of July.
C. From the 1st of September, as renewal just needs to be completed within three months after the 30th of June.
Or D. No late fees apply as renewal can be completed at any time during the calendar year.
So again, I'll just give you a moment to consider your answer
So, we might go to the answer now So, the answer is A, from the 1st of July, as renewal must be completed by the 30th of June.
Next, we're going to talk about professional indemnity insurance. As you would appreciate, professional indemnity insurance is critical for consumer protection.
Insurance requirements are set out in the Architects Act as outlined on this slide.
Section 15A provides that at the end of each financial year, you must provide the ARBV with written proof that you will be covered by the required insurance until the 30th of June the following year, or a lesser period that is agreed by the Board.
The required insurance means the insurance required by the Ministerial Order under Section 17A of the Act. A link to the Architects Insurance Ministerial Order is available on the ARBV's website. Importantly, you must hold the required insurance and also ensure that the Board is given written proof of coverage.
So on the previous slide, you saw an extract of Section 15A of the Act, setting up proof of insurance requirements. I'll unpack this provision by taking you through what is required. So, by 30th of June, practising Architects, companies and partnerships must provide proof of PII coverage. Proof of insurance for a period of less than 12 months may be accepted subject to conditions imposed by the ARBV.
The conditions the ARBV will impose are as follows. If A registrant's proof of insurance does not cover the period 1st of July to the 30th of June, they are required to make a declaration at renewal that they will not allow their insurance cover to lapse and will provide the ARBV with updated proof before the coverage expires.
Where possible, we ask that you avoid expiry of coverage in July, August or September. As we've communicated in recent updates, the ARBV is going to review proof of insurance requirements at the end of the 2027 registration period.
So we have another quiz question. Question 3, which statement is correct?
A. It doesn't matter if I don't provide the ARBV with proof of my PII, as long as I have it in place.
B. If my PII lapses during the year, I don't need to provide proof of my new PII until the 30th of June.
C. I must ensure that the ARBV has proof of my PII at all times.
D. It doesn't matter if I don't provide the ARBV with proof of my PII, as the ARBV does not have any power to immediately suspend my registration for failing to do so.
So again, I'll just give you a moment to consider your answer
Okay, I think that's probably long enough, so we might look at the answer now.
So the answer is C, I must ensure that the ARBV has proof of my PII at all times.
Okay, we'll now talk about CPD and fit and proper person declarations. These are other requirements that must be met at renewal. Practising Architects must make declarations at renewal that they have completed, that they have complied with their CPD requirements and will give written proof of compliance if they are requested to do so by the ARBV.
CPD requirements are now prescribed in the regulations, and we're going to discuss that in a bit more detail later in the presentation. All Architects must declare that they are a fit and proper person to be registered as an architect. For example, they have no serious criminal offences and no disciplinary action under the Building Act. If you want to see a complete list of the probity matters that you will be asked to make a declaration about at renewal, refer to Section 10A of the Architects Act. These declarations support competent and ethical practise and the ARBV undertakes checks of fit and proper person declarations and audits of CPD Compliance. The declarations must be responded to truthfully. It's an offence under the Act to give false statements to the regulator and disciplinary action may be taken.
Where false statements are made to us, this conduct will likely be the subject of an inquiry by the Architects Tribunal. The Tribunal has made adverse determinations against Architects for this conduct, and we currently have 3 matters that have been referred for inquiry by the Architects Tribunal, where Architects have made false statements to the ARBV. So, we just underline the importance of making truthful declarations.
As we've spoken about PII and CPD requirements, I just wanted to speak briefly about the ARBV immediate suspension powers. The ARBV has the power to immediately suspend registration in Section 36A of the Architects Act. Grounds for immediate suspension include failure to meet PII requirements, including providing proof to the ARBV, failure to meet CPD requirements, including providing proof to the ARBV if requested.
We've had four Architects who were recently suspended for failing to meet PII requirements and they're awaiting Tribunal hearing. So architects face sanction by the Tribunal and obviously they can't practise while their registration is suspended. It's clearly preferable that architects comply with their obligations rather than the ARBV having to take such serious action. So we urge you to be compliant because
We don't want to have to amend practitioners as we recently had to do so.
This graphic summarises the requirements for practising and non-practising Architects and the time frames applicable. Two key takeaways are that to avoid late fees or the need to apply for reinstatement, practising architects and approved companies and partnerships must complete renewal requirements by the 30th of June. Secondly, non-practicing architects must also complete renewal if they wish to remain on the Registrar of Architects in the non-practicing class.
In the next section of the presentation, we will go through recent amendments to the regulations. In Victoria, regulations automatically sunset after 10 years unless they are remade. The Architects regulations were due to sunset on the 26th of April 2026, following a 12-month extension from the original sunset date of 26 April 2025.
The Architects Regulations 2015 have now expired and been replaced by the Architects Regulations 2026. To inform the remake of the architect's regulations, a sunset review was undertaken by the Department of Transport and Planning. This review was to ensure that the architect's regulations remain fit for purpose in a changing building and construction environment address ongoing risks associated with professional competency, CPD compliance and building quality, strengthen consumer protection and are aligned with amendments made to the Architects Act in 2025.
Just want to take you through an overview of the changes which include prescribing CPD requirements, introduction of new fees from the recent Act amendments, changes to information included on the public Registrar of Architects and amendments to the Architects Code of Professional Conduct. More routine changes were also made, for example, to remove redundant clauses, such as about Board elections and to bring content up to date, for example, Schedule 2, which has the prescribed qualifications. However, we're not going to discuss those more routine changes today.
CPD requirements ensure that Architects maintain competence and are up to date with relevant legal and practical developments. Previously, you could complete a process outside of the CPD framework, as long as you could demonstrate that you were maintaining your skills and knowledge. Now the requirements are prescribed in the Architects regulations.
The process continues to follow the National CPD framework. As set out in the regulations, CPD activities must be directly linked to performance criteria set out in Schedule 3, which adopts the national standard of competency for Architects.
You must retain evidence of compliance for five years. Evidence must include the information specified in Regulation 34. We have developed a CPD activity record, which you may wish to use. It covers off all required information that's covered in Regulation 34. Practising Architects who have followed the CPD framework will not experience any significant change. However, the option to demonstrate CPD compliance outside of the CPD framework is no longer available.
So, we have another quiz question. Which statement is correct?
A. Practising Architects don't need to record their CPD activities unless the ARBV specifically asks them to provide evidence of completion.
B. CPD activities must be linked to performance criteria set out in Schedule 3 of the regulations, which adopts the national standard of competency for Architects.
C. It doesn't matter if I don't provide the ARBV with proof of my CPD upon request, as the ARBV does not have any power to suspend my registration for failing to do this.
D. I only need to retain my CPD records for 12 months.
So, I'll give you a moment to consider your answer
Okay, we might move on to the answer now.
So the correct answer is B, CPD activities must be linked to performance criteria set out in Schedule 3 of the regulations, which adopts the National Standard of Competency for Architects.
As we've already mentioned, fees have been changed to align with the amendments made to the Architects Act in 2025.
We now have renewal fees instead of annual fees, but importantly, the fee unit levels remain the same. In relation to new fees, they include late fees and reinstatement fees, as I've discussed already, but providing registration is renewed by the 30th of June, these won't come into play.
The register promotes transparency and accountability. There have been changes to clarify what the ARBV must publish on the publicly available register that's available on the ARBV website. The amendments clarify the ARBV's authority to publish information on the register and that a record of disciplinary or criminal sanction imposed on an architect must be published on the register where it has been imposed under the act or the regulations, or where it's been imposed under another act or regulations if the disciplinary or criminal sanction is relevant to the architect's practise as an architect.
These records will remain on the Registrar for five years.
Okay, so in the next part of the presentation, our Complaints and Investigation Manager, Lisa Tickell, will discuss the amendments to the Code of Professional Conduct. So over to you, Lisa.
Lisa Tickell 27:03
Thanks Glenice and a good afternoon to everyone.
As mentioned earlier in today's webinar, the new regulations contain an amended Code of Professional Conduct for Architects. I'll be taking you through the key changes today. But before I take you through those amendments, I'd like to remind you that the code sets out the minimum standards for professional conduct and practise for architects. These standards are not best practice; they are minimum standards which all architects must meet. So, as the manager of the team that deals with complaints, I very happily encourage you to aim higher, even though this may seem me out of a job.
Failure to comply with the minimum standards in the code is unprofessional conduct. This may see you before the Architects Tribunal in the case of more serious failures or receiving a formal written warning or advice on compliance from us for the less serious. Before we move on to looking at today's amendments, I want to emphasise that the clauses of the code that we are covering today are only part of a much wider range of obligations in the code. And I strongly encourage you to read the entire document, so you are well versed in what you need to do to avoid coming to my attention. I assure you that it's an easy and worthwhile read. The recent amendments will make it easier for you to understand and comply with your professional standards obligations. And helpfully, the new version of the code consolidates all professional standards obligations in one place. Pulling in obligations that live in the Architects Act and in the body of the regulations so that they all sit together in the amended code, conveniently at your fingertips.
This next slide provides us with an overview of the key amendments to the code which we will be working through together today. As you can see from the column on the left, they relate to seven areas of obligation or duties on Architects. Some of the changes serve to clarify existing obligations and others are new. Let's go through them
We have act in the public interest, duties to clients. As you'll see, the amendments here are in respect of your dealings with other architects and allied professionals involved in a project, and the duty to keep your clients informed about the progress of their project. We have supervision obligations. The changes here clarify the requirements relating to the supervision of staff, including the supervision of Architects who may be carrying out work outside their scope of practise and experience. And also, the supervision of unregistered staff within a practice. Client Architects agreements. There have been some notable changes to these provisions, in particular to the information that must be in your client agreements and I will take you through these in the following slides.
Next, referrals, recommendations and endorsements. The amendments here clarify the obligation on Architects to avoid these things or to ensure that they fully disclose the existence of any of these to their clients.
Business management and processes. These are new provisions about having effective systems and resources in place to support your practise administration and the delivery of architectural services.
And lastly, a new requirement to have a complaint management framework in place.
I will now take you through each of these obligations in more detail.
I appreciate that this may be a bit dry and may not be the most riveting of content, but please hang in there with me. If you listen carefully, this webinar may be the only time that you and I will need to interact.
Duties to the public. The amended code expressly confirms that Architects have a duty to act in the public interest. This is expressed in two new clauses.
When carrying out work, an architect must take all reasonable steps to protect the health and safety of people. As you know, Architects have a legal, ethical and professional duty to protect the health and safety of the public and users of their buildings. You must carry out work to the standard of a reasonably competent architect, ensuring designs are fit for purpose and comply with technical standards. And you must comply with the NCC planning laws, and work in health and safety laws.
Secondly, Architects must also act in accordance with the public interest by giving proper consideration to the natural environment, conservation of cultural heritage, including Aboriginal cultural heritage, and conservation of natural resources.
This may be achieved, for example, by deliberate and conscious consideration being given to how structures may be designed to minimise disruptions to the existing ecosystem. Consideration being given to the use of sustainable materials and striving to design buildings that complement the existing historical context.
Now, the obligation is not that you must do these things or that they take priority over all other considerations. The obligation is that you must give proper consideration to them. If A complaint came to me alleging an architect hadn't taken the natural environment into account on a project, for example, I'd be looking to see the architect's notes and records for evidence that they had, in fact, given deliberate and considered thought to the natural environment and had made design decisions with this in mind where possible, taking all the factors and circumstances into account. It is when no thought or consideration are given to these things that an issue will arise. Ensuring compliance with the two duties set out in this slide will ensure that you prioritise public safety and broader community and environmental outcomes when providing architectural services.
Next, clarification of Architects duties to clients. Architects have a range of duties to their clients under the code, including the duties to carry out work competently and with reasonable care and to act with honesty and integrity. Two new clauses have been included in the code to expressly extend these important duties to your dealings with your fellow Architects and others involved on a project. You will see from the slide that these obligations are to maintain a high standard of competence and diligence and conduct yourself with honesty and integrity in your professional dealings with other Architects and professionals involved in the building industry.
This is to foster collaboration and cooperation between yourself and those people, helping to minimise project delivery risks, delays, errors and disputes, and for a better outcome for your client. And to the last duty on this slide, as you will be aware, the code previously imposed duties on Architects to clearly and effectively communicate with their clients. A new clause builds on this by requiring Architects to keep clients adequately informed about a project's progress. Or I suppose, if things aren't going so well, to keep them informed about the lack of progress.
The next slide we have is about the amendments to supervision obligations.
The first obligation you can see on the slide is new for the code, but it is not a new obligation. This is one of the obligations I referred to earlier that lives in the Act, but which now has been repeated in the code to ensure that Architects are aware of its existence and of its importance. It applies to companies and partnerships.
It states that architect members of an approved partnership and architect directors of companies must, one, be responsible for the carrying out of architectural services, and two, must ensure that the services are carried out either by an architect or a person who is under the supervision of an architect. This means that unregistered staff, even very senior or experienced members of staff who are working on projects, must be supervised by an architect.
The second is an obligation on Architects to recognise the limits of their competence by not performing work that is outside their area of expertise and experience, unless the work is directly supervised by an architect who does hold the required expertise and experience. Both these obligations are to ensure that architectural services meet professional standards and to reduce the risk of poor quality or incompetent work.
They are supplemented by the 3rd obligation on the slide, which requires records to be kept of the architect who is responsible for supervising the work of the unregistered member of staff or a less experienced architect. This promotes oversight, quality assurance, and accountability.
Now on to client agreements. Our next four slides will cover the changes to client agreements in the new code. So, these changes apply to all new client architect agreements that you enter into going forward. They do not apply to existing client agreements that are on foot. We have alerted the providers of the template client agreements to the changes. Don't stress if you don't have an updated version at this time. Just ensure that the required information is incorporated into the agreement.
As it is early days, we'll accept addendums or annexures to agreements containing the new information that are signed by clients or to which clients agree via an email. The important thing is that clients are aware of the information and that it forms part of the client agreement before clients enter into the client agreement and that you have and maintain a written record of this.
Okay, now to the first obligation on the slide. An architect must not collect fees or provide architectural services, including concept designs, sketches or reports, from a client unless a written and signed agreement with a client for the provision of those services is in place. This obligation is not new, but more clearly expresses that it is a requirement to have a client architectural agreement in place before any services are provided. This will ensure clients understand the scope, the terms and the cost of the services before work begins. This will help minimise the risk of misunderstandings, dissatisfaction and disputes with your clients. We see cases where there is no client architect agreement in place. Excuses given are that the job was too small to bother, or that the services were being provided on a quid pro quo basis, or that it was simply a handshake agreement between acquaintances. Not having a client architect agreement is unprofessional conduct. Hands down, no questions asked. It will land you with a written warning at the very least, or possibly in an inquiry before the Architects Tribunal. And, as it is clearly made by the amendments to the code, an architect must not collect fees or provide any architectural services to clients unless a written and signed agreement with the client is in place. It's a bit like dial before you dig, but instead it is client agreement before you design. And a client agreement is not a piecemeal collection of documents and emails between yourself and your client. A client agreement is not a fee proposal. A client agreement is a standalone document that has been carefully and thoughtfully drafted, and which must have, at a bare minimum, the information or terms that are mandated by clause 6 of the Code. They set out and govern the relationship between you and your client, and if things go wrong, they dictate the rights and obligations of the parties when the client agreement is terminated. And very importantly, your client agreements must be clear and coherent and must be able to be understood by both you and your client.
Okay, now back to the slides and to the second obligation. Under the amended code, you must now provide a copy of the proposed client agreement to your client at least seven days before requesting a signature.
And the third obligation, you must keep records to demonstrate that the client has accepted the agreement in writing and any variation that may be made to the agreement. This may be achieved by obtaining a signed copy of the agreement from your client, or if you really must, written confirmation in an e-mail from them that they have accepted the terms of the agreement but be very careful, however, to ensure that it is clear which version of the agreement has been agreed to.
This is why a signed and initial copy of the agreement is probably the best record.
And again, these clauses are all designed to reduce the risk of misunderstandings and disputes with your clients. Client agreements must not contain retrospective terms that will apply to services provided before the agreement was signed. This encourages Architects to ensure that an agreement is in place before any services are provided and to protect clients from being bound by retrospective agreement terms or charges, they had no opportunity to agree to in advance.
The next obligation is an entirely new obligation. It requires Architects, upon entering into a client agreement, to provide the client with information about the individuals or team members who will be involved in the provision of architectural services for the project. The information that you must provide are their names, their roles, and their registration status. This obligation will prove to be very helpful to you if you wish to avoid disputes with your clients. We receive a number of complaints each year about architects allegedly misleading their clients who think that the architect will personally carry out all of the work on their project. When the client receives an e-mail or drawings from a graduate of Architects, architecture or other unregistered person who is assisting on the project, they feel misled and deceived and begin to question the quality of the work and the fees they are being charged. Not an ideal set of circumstances for architects.
The requirement to state who will be working on a client's project will manage the client's expectations about who will be involved in delivering the architectural services and to understand the level of professional oversight by architects. To ensure ongoing transparency, we recommend you provide your clients with updated information about any new personnel or staff that are brought on board with a project or who may depart from a project. Trust me, this is an easy way to avoid a complaint being made to the ARBV.
The next amendments are to the provisions are relating to fees and costs in the client architect agreement. Agreements must set out the proposed fee structure in plain and unambiguous terms. This includes charging rates, methods of calculation, basis for escalation, if any and any additional costs or disbursements that may become payable. The information must be presented in a readily understandable way, which will reduce the risks of disputes with your clients about unexpected charges.
The next amendment is to introduce 4 new clauses relating to the use of intellectual property. I was recently horrified when an architect contacted the ARBV to ask about whether they were required to provide CAD drawings to their client when the relationship was terminated before the services had been fully provided, when I asked them what the client architect agreement said, they told me that they did not have any terms in their agreement relating to copyright or client use of project materials. No wonder there was confusion and dispute. The new amendments require the client agreement to include a clear and unambiguous statement identifying who owns copyright in any intellectual property associated with the service. The terms of any licence given to the client to use that intellectual property, including any grounds for revocation of the license. Any limits on the client's use of the intellectual property, and where additional costs or consents may be required for the client's use of the intellectual property. These requirements help clients to understand the ownership and permitted use of any intellectual property created during the revision of architectural services, which again can avoid disputes with architects over intellectual property rights.
And this is our 4th and final slide on client agreements. The client agreement must also include details of current professional indemnity insurance that provides adequate coverage for the work covered by the agreement. The process in place for handling client complaints and information about how a client can make a complaint to the ARBV, thereby strengthening Architects accountability and enhancing consumer protection.
And a requirement for Class 1 and Class 10 buildings only that the architect provide the client with a current copy of the Working with an Architect checklist, which is available on our website.
There is another new obligation on Architects to promote transparency and accountability. It is a requirement for architects who withdraw from the provision of architectural services after a client has paid fees for the services to provide written reasons for the withdrawal. This will enable a client to understand the legal or contractual basis for the withdrawal and avoid complaints to the ARBV that an architect has stopped providing services without a valid reason.
Now, if you didn't get all of that, we have prepared a new guideline on client agreements, which is now available on our website on the Architects Resources page.
Okay, now let's move on to the clauses in the code dealing with referrals, recommendations and endorsements. The previous code had these obligations, but they have been restated in the new code in a way that will hopefully make the obligations a little clearer. The obligations are to either refrain from making recommendations or endorsements from which they could benefit, or to fully disclose the benefit to clients before engagement. These obligations will help clients, will help ensure clients are aware of the potential conflicts of interest that may exist regarding the provision of architectural services and can make informed decisions before deciding whether or not to proceed with those services.
Business management and processes. This is in clause 14. These are new requirements, although I would say that the expectation has always been that Architects and practises will have these in place. So, Architects are now expressly
required to have effective systems in place to ensure that their practise is run professionally and that projects are regularly monitored and reviewed.
Be able to provide adequate professional, financial and technical resources when entering into an agreement for the provision of services and also throughout the life of the project. Ensure that they have sufficiently, sorry, ensure they have sufficient, suitably qualified and supervised staff, that one's a bit of a tongue twister, to provide an effective and efficient service to clients. And to take responsibility for the work carried out by a person under their supervision. As the slide says, these measures ensure that the business is equipped to ensure professional standards are met, thereby reducing risks of poor-quality outcomes, project failure and client harm.
There is a new requirement to have a complaint management framework.
The existence of a clear and transparent framework to manage complaints engenders client trust and confidence in Architects. And again, may avoid complaints being made to the ARBV. As the person who deals with complaints from clients or unhappy with their architect, I cannot overemphasise the value in ensuring that you have a formal process in place for dealing with client complaints in-house. It gives you an opportunity to try to resolve the complaint before it gets to me. If you have this process in place, I suspect that the chances of you coming to my attention will be significantly reduced.
And finally, to the last slide on the code amendments.
Clause 17 expressly sets out an expectation that has always applied to Architects, that is to cooperate with the ARBV when it requests information and documents.
As you can see from the slide, a response to a request from documents and information is to be provided in a timely manner and must be complete and accurate. This provision also applies where requested information is unknown or documents do not exist or are not in your possession. If this is the case, you need to inform us of this as soon as possible. And the purpose of this clause is, as the slide says, to assist the ARBV to efficiently and effectively carry out its functions under the Act.
As I said, this is the final slide on the amendments to the code of conduct from me. Thank you for bearing with me through all of that content. I appreciate it's pretty tough going.
Okay, now before I hand back over to Glenice, it is quiz time.
Hey, our first question for this session is...
Which of the following statements, plural, are correct?
The Code of Conduct sets out best practise standards for Architects.
The Code of Conduct sets out minimum standards of professional conduct and practise for Architects.
The code of conduct is a voluntary code that Architects can adopt to enhance their reputation and to appear more attractive to clients and failure to comply with the code of conduct is unprofessional conduct.
Give you a few minutes, No, probably a few seconds to answer these questions
Hey, I think that's probably enough time.
We'll move on to our answers.
And our answers are B&D. Hopefully you got those right.
Okay, we'll move on to the second lot of questions.
Which of these statements is true?
A. It is not the architect's responsibility to protect the health and safety of people. It is the responsibility of the RBS who issues the permit.
B. Architects don't need to give their clients a client architect agreement if the job is for less than $5,000.
C. It's okay to start work on a project before the client has provided you with written acceptance of the client architect agreement if time frames are tight.
And D. the client architect agreement must contain details of your professional indemnity insurance.
Give you some time to respond to these questions
Okay, let's reveal the answer.
The answer is D. The client architect agreement must contain details of your professional indemnity insurance.
Okay, another lot of questions for you.
Which statement is correct?
Architects members or directors of approved partnerships and companies:
A. should try their best to ensure architectural services are carried out by an architect or under the supervision of a person who is registered as an architect.
B. must ensure architectural services are carried out by an architect or under the supervision of a person who is registered as an architect.
C. Do not need to ensure architectural services are carried out by an architect or under the supervision of a person who is registered as an architect.
and D. Are the only individuals in an approved company or partnership that can be involved in the delivery of architectural services.
Give you a few minutes, few minutes again, a few seconds to respond
OK, that's to the answer. Hopefully, that was an easy one.
And the answer is B. Architects members or directors of approved partnerships and companies must ensure architectural services are carried out by an architect or under the supervision of a person who is registered as an architect.
Okay, that is finally all from me. Thank you very much for bearing with me. I shall now hand you back to Glenice.
Glenice Fox 56:05
Thanks very much, Lisa.
As mentioned at the beginning of the presentation, we do have resources available to assist you. You should spend some time after this presentation to acquaint yourself with these resources so that you understand the changes that have been made.
The following resources are available on our website: The Architects Regulations 2026, just hot off the press. The Code of Conduct, we have extracted that code so you can either refer to it within the regulations or there's a document there which may be easier for you to access. As Lisa said, she's only been focusing today on the changes to the code, but you should read the whole of the document so that you can see your obligations in their entirety. We have a summary of the code changes and a new guideline on client agreements.
You can also make inquiries with us and seek clarification. We are continuing to develop resources and have an ongoing programme of work to produce guidance and other resources where they are needed. So, if there are any areas that you think we should focus on, please e-mail and let us know as this will help to inform our resource development and to set priorities. As you'd appreciate, these changes have just come into operation, so we will be having an ongoing programme of work to get as much guidance out to you as possible.
Okay, so thank you for your attention today. I'll now provide you with a brief summary of key messages and takeaway tips before we open Q&A.
So key messages from the presentation. The reforms to the Act, regulations and code don't fundamentally alter the regulatory framework. Instead, they are intended to modernise renewal processes, align Architects regulations with recent amendments to the Architects Act, prescribed CPD requirements within the regulations, and improved clarity and transparency, particularly in relation to the requirements under the code, as explained by Lisa.
The amendments reinforce core objectives underlying the regulatory framework, namely ensuring only qualified and insured practitioners provide architectural services, maintaining high professional standards for architects, and protecting clients in the broader community from harm. So, some takeaway tips on the next slide.
So I've said this many times, but if you complete renewal by the 30th of June, you will experience little change compared to previous years. Non-practicing Architects must also complete renewal by the 30th of June. If you complete renewal after the 30th of June, that's when you'll encounter some changes and you probably won't find them palatable.
If you've been following the national CPD framework to meet your annual CPD requirements, you'll experience little change with fulfilling your CPD obligations under the regulations. And I'd just like to say that as the legislative changes are now in place, it's important for architects to take steps to understand and comply with the changes. We'll be taking a more favourable view if an architect can demonstrate that they've actively taken steps to try and achieve compliance.
Okay, so that's our presentation for today and we'll go on to Q&A.
Giorgio Marfella 1:00:04
Thank you very much Glenice and Lisa. I'm aware of the fact that there's a lot of content that we have provided today and obviously this is the beginning of more communication that will follow. So, we have allowed a bit more time than usual to go through the questions and our apologies if I won't be able to cover every single one particular. I can see there's new posts coming up all the time. So
I got from the top for those who have already provided the queries during the presentation, but yes, we will endeavour obviously to respond to those and compile them perhaps in some themes and topics.
So, Glenice, I must start with some questions that are more procedural, administrative as part of your presentation at the beginning. So, there were several questions concerning the renewal. So the first one deals with the issue of non-practicing architect and it says where the non-practicing architect is appropriate for someone taking a year off for maturity leave, I'm interpreting that to be potentially long service leave or similar, or a year of sabbatical for those who have, you know, the luxury of that option in their contracts, I suppose. So, would that qualify as a non-practicing period? Generally.
Glenice Fox 1:01:21
Yes, like if they're not practising and they want to remain on the Registrar of Architects and call themselves an architect, then they can change class to non-practicing. Otherwise, if they don't stay on the register, obviously they can't call themselves an architect, but they also would have to go through the process of applying for reinstatement to the register. So, you know, probably our recommendation would be if they're planning to come back onto the register, they should just move into the non-practicing class and then change class back into the practising class when they want to return to practice.
Giorgio Marfella 1:01:57
Okay, thank you for that. And now I understand some questions have been already pre-answered, so I'll try my best. So, apologies if I'm doubling up a bit on some things. I think it's a good opportunity to verbalise these things anyway. So, in terms of renewal still, can we maybe just give a bit of a high level
justification of why are we now in a position where the ARBV expects penalties for registration? What is the rationale behind that?
Glenice Fox 1:02:32
Thanks, Giorgio. Well, this process, as I said in the presentation, is more aligned to other jurisdictions and other professions, which operate in a similar way, where if the due date, if you like, is missed, then there will be a late fee. And if that's, you know, which is often called the grace period, and then if renewal isn't completed in that period, the person will be removed from the register. Previously, as everyone's aware, the obligation was that we couldn't suspend, well, we had to suspend an architect if they failed to pay. So, there's a lot of administrative work involved in doing that.
And so the responsibility as a profession is that Architects pay their renewal fee and complete their renewal obligations by a due date, and that then there's consequences if they don't do so. But as I said throughout my presentation, I mean, we really recommend everyone renews on time and all of those other
consequences won't come into play. So, it's really, I guess, up to Registrars. If they can try and renew on time, then it won't be an issue.
Giorgio Marfella 1:03:48
Thank you, Glenice. Another question deals with the timing of providing evidence for professional indemnity insurance. So, the question asks, what happens if the PII expires right on the 30th of June? And if there's a delay, as may often be the case, where the insurer provides the certificate of currency, with some delay. So, in effect, the insurance is in place, but the evidence for it might be delayed a bit given the day. So, what is the best advice we can give for those who are maybe in that situation?
Glenice Fox 1:04:26
The best advice is to speak to your insurer and make them aware of the need to provide proof by the 30th of June. That's set out in the Act, so it's not just something that's up to the discretion of the ARBV. You know, if it's provided to us, you know, not, you know, I'd urge everyone to get in before the 30th of June to make sure that
if it is some delay on the insurer's end that that can be accommodated within the time frame and they can provide it to us by the 30th of June.
Giorgio Marfella 1:04:59
Thank you. And one more on this renewal and registration process. I think I know the answer for this, but there was an observation made about the possibility of Australia-wide registration for Architects. Now, registration in Australia, it s state, it's governed by the states. However, there are provisions for mutual recognition, Glenice. Would you like to maybe explain this a bit. So, we have good news for those who might be practising in some other states in a sense.
Glenice Fox 1:05:31
Yes, you can apply either under the Mutual Recognition Act to actually register in Victoria, or you can also notify us that you want to practise if an interstate practitioner can practise in Victoria if they give us a notification that they intend to practise and provide proof of their professional indemnity insurance. So, and there's reciprocal sort of arrangements in other states. So Victorian practitioners can go to other states on a similar basis. The only state that hasn't adopted automatic mutual recognition is Queensland. So, but you can also, you know, apply for mutual recognition in Queensland. So, it is possible for there to be mobility across Australia.
for Architects.
Giorgio Marfella 1:06:16
Yes. And there are also international provisions, by the way, that are governed by the Double ACA. The Double ACA governs mutual recognition with UK, the United States, New Zealand, of course, Canada. There are also Canada, Singapore and Japan as well as some forms of agreement.
Glenice Fox 1:06:19
That's true.
Giorgio Marfella 1:06:35
So obviously, there are processes to be followed about that, but with the exception of Queensland, and by the way, it's not only to Architects, the provisional MRA that Queensland didn't quite follow were more encompassing other trades and professions. But so, in essence, there is no expectation to pay registration twice for those states that have the mutual recognition agreement in place. And if you do have question, feel free to touch base with us at the ARBV or the corresponding jurisdiction interstate.
And now I'll move on to the questions on the Code of Conduct. And again, I keep seeing new posts, but I'll be here until probably the next regulations are issued in 10 years if I take them all. So, I'll try to convey again some key points here with Lisa. There were some queries about proper consideration, in particular about natural resources. So, the questions that was phrased in this way, so do we need to
as Architects, you need to record in writing all our design thoughts. I think I interpret this to say that many, many things, many decisions that Architects take out of design thinking might not necessarily be recorded. They might be part of options that are somehow not documented, you know, with a formal document. So, what is what best advice can we give? So, so that this proper consideration somehow is documented and Architects are in a position to demonstrate that.
Lisa Tickell 1:08:08
Thanks, Julia. This is a really good question, and I'm not surprised that there are questions about this new provision. I'll just say this is something that is new to us as well and so we will be giving this more and greater thought and we'll put together some more guidance on this particular provision. I think it's one that really warrants
some more guidance to the profession than just simply having it in the code. But in saying that, now that it is an obligation in the code, and I'm not going to say how architects must record it or, you know, in what fashion it needs to be recorded. But as I said, if I was, if someone made a complaint to me that an architect hadn't taken one of those three items into account or matters into account, I'd be looking to see evidence from the architect that it was considered. So I would say to Architects, take whatever opportunity that opportunity that you can when you are considering these things to record your, and it doesn't have to be in a formal way, but to
to record your thinking, to record, you know, potentially the way you decided to proceed in a different way, just so that there's evidence to show that there was proper consideration given.
Giorgio Marfella 1:09:22
Yeah. And there are things obviously that Architects already do. I mean, it may be as simple as already having some consultants engaged in place. I'm thinking even smaller projects, the usual arborist report that may be provided on small residential projects. So, it's not necessarily all the time an additional onus. And this is part of the spirit of the new Korokon in a sense that we're not necessarily, we re rephrasing some principles that architects we understand already taking practise and the intent is obviously to avoid the more egregious instances of non-compliance. Some Victorian Architects may be aware of the fact that not long ago there was an heritage protected building that was demolished, for example, that that's the kind of situation we're trying to, all Architects try to avoid, of course, but we wanted to make it clear that we do have that responsibility. And this, of course, extends to national resources that we also very importantly included consideration for cultural heritage that relates to indigenous country, and that's reflecting on the national.
direction in that way.
Other questions instead dealt more with supervision, of course, an important part of the changes of the code of conduct. Now, one question seems to was phrased in this way. It says, well, does this new provision make an employee personally liable for the work undertaken within a company.
So, an architect employee, so some are working for others, right?
Lisa Tickell 1:10:50
Yeah.
Yeah, so that's a very good question. And so, the obligation or the liability, if we want to use that term, will fall to the director, architect director, or the partner who is an architect in a partnership. So, as you might recall from the slides, there's two limbs to the supervision clauses there. One is that the architect, director or partner must be responsible for the carrying out of the architectural services. And so that would mean that any unregistered or person who may make some type of error or issue, that actually will ultimately lie at the feet of that architect, director and partner. And that's always been the case, that's not that's not something that's new. And also, the person who was supervising them, or should have been supervising them, may also find themselves in trouble with us for not properly supervising their, the people who are under their supervision.
Giorgio Marfella 1:11:56
Yeah. That's vicarious liability, right? That's the legal term that may apply for those in a position of supervising others, but this does not exempt also the employees to have some potentially doing something that is not correct with the law, but they wouldn't be necessarily, if they're not registered, they will be accountable with us. That's the difference in a sense.
Lisa Tickell 1:12:15
Yeah, that's right. Yeah.
Yeah, if they're not registered, we don't have jurisdiction over them, but that doesn't mean that the conduct won't fall to the feet of the people who are up the chain who are ultimately responsible for supervising or ensuring that there's processes in place to make sure that the architectural services are being provided to meet minimum standards.
Giorgio Marfella 1:12:22
That, yeah.
And there was also a question, and essentially this, what we answer, hopefully will answer also another questions about supervision of graduates, but there was another one that's more subtle, talks about contractors. Architects very often employ draught persons or interior designers, or others who may, not necessarily interior designers on a contract all the time, but even other architects will be
be on a casual or less sort of embedded role within the practice. And does that legally make any difference from our point of view?
Lisa Tickell 1:13:12
In terms of the person not being an employee?
Giorgio Marfella 1:13:15
not being liable, yes, to the supervision. How does that?
Impact the..
Lisa Tickell 1:13:20
Yeah, so you, again, you know, the first question would be, is this person who's the contractor, are they a registered architect? And if so, you know, there will potentially be professional conduct issues with that person directly. If they are unregistered, again, you know, an architect will ultimately be responsible for that work, either it's
you know, the person who's meant to be supervising or who is supervising them, or whoever is the architect director or member of the partnership at the head. So, it wouldn't fundamentally change the liability. It would again lay at the feet of the people higher up the chain if the people down below aren't registered or...
Giorgio Marfella 1:13:50
Yeah.
Yes.
Yeah.
Lisa Tickell 1:13:59
adequately supervised.
Giorgio Marfella 1:14:01
So any condition of employment under the supervision of an architect, particularly even contractor or salaried, may not make a substantial difference unless we're talking about a consultancy or some sort that is external. But yes, ultimately, we advise caution on that and not necessarily take the contractor to be less subject to the supervision of the architect.
Lisa Tickell 1:14:26
Yeah, well, the focus is on the, you know, the company or the partnership that is providing architectural services, and it's, you know, architectural services, you know, as a bundle, it's not it's not broken up into, you know, architectural services provided by this company and then architectural services provided by a contractor. It's taken as a totality, and that's why the responsibility will lie. You know, with the Architects director or member.
Giorgio Marfella 1:14:50
Now, moving to some questions on client Architects agreement. The list is quite long, so we might have to provide some responses also by the newsletter. But just, I think you already made this quite clear in your presentation, Lisa, but there was a question that asked whether the Architects are asked with current agreement, I suppose, are asked to go and amend the existing ones in due of these new provisions?
Lisa Tickell 1:15:21
So is that asking whether they should? Of course, I'll say yes, they should, or is it a question of how?
Giorgio Marfella 1:15:23
I'll read it. Are we expected to ask current clients to sign or acknowledge new conditions on existing agreements? So, someone who already has a, no, okay, that's right.
Lisa Tickell 1:15:33
No.
No, it applies to agreements entered into from the advent of the regulations, which is the 25th of April. But, you know, considering that we're making this presentation today, I would say that we would probably have some tolerance for anyone who's signed an agreement in the last couple of days. But, you know, I would strongly urge
people to ensure, we go to seek legal advice on their agreements. We see some colourful and creative pieces of work that constitute client architect agreements and also to make sure that those provisions are there. And look, you know, you should be able to understand your client architect agreement. So, you should be able to go through and ensure that you know, the obligations that have always been required are in there and then to make sure that the new ones are in there or, you know, are added. So, it's, yeah, it's, as I said, should be easily understood by both you and your client.
Giorgio Marfella 1:16:33
Very quickly, this is very much a legal question. It might depend on the circumstances, Lisa. So, bear with me. The question is, an architect working for a building company with several ongoing projects, would they need one agreement per project or one overarching agreement for multiple projects?
Lisa Tickell 1:16:53
So I would look at, it's probably a business decision for the company to make. There's nothing in the code that would say that you have to divvy it up in any particular way. It's just, you know, if you're providing services in a staged way, you might have contract, you might have a different or new or different contract for each stage. You know, it's up to you to ensure that whatever services that you are providing are provided under an agreement.
Giorgio Marfella 1:17:25
Yeah, and it obviously, when we say logical, that if the multiple projects are different conditions of agreement, there will be multiple contracts, right? So, so it would be the question, the answer to that is, it depends. Yes. Now, the other question is more specific. So, what are online acceptances through a portal acceptable as a form of signature. I'm not sure what this, it might be related to the fact that many projects are dealt with interfaces that are online with sharing documents like Econ Ex for those who use it and others. So, in other words, the signature online, how does that affect its validity, whether it's through portals or not?
Lisa Tickell 1:18:15
I think as long as there is clear evidence to show that the client has accepted a client architect agreement, and that is in writing there is a record of it, if I was at a complaint and I was looking at that issue, if I saw that record, I would be reasonably happy that both sides know what the terms of the agreement are. So, you know, the handwritten signature, you know, obviously is one way. I know that there's many different ways that people can sign now and we wouldn't want to, you know, put limitations on those things as long as there is evidence of it- written evidence or record of the acceptance of the agreement.
Giorgio Marfella 1:18:58
And a very quick one, I think I know the answer, but if I have to provide one hour design consultancy, do I need to have a signed agreement?
Lisa Tickell 1:19:08
So, sorry, Georgio, if I had to provide?
Giorgio Marfella 1:19:09
If I have to provide a one-hour consultancy for architectural services, do I have to have an agreement in place only for one hour of services?
Lisa Tickell 1:19:22
The act is pretty clear. It says you must have a client architect agreement in place. It doesn't say that, you know, for anything above an hour or above 2 hours or anything like that. So, what my view would be that you would need an agreement in place. It might be it might be a very slim down version of the agreement.
Giorgio Marfella 1:19:27
Yeah.
Lisa Tickell 1:19:41
but it must have all the things that are in Fall 6 in the agreement.
Giorgio Marfella 1:19:43
Yeah.
Yeah. So, the answer is yes. There's not, there's not limitation on hours of yes?
Lisa Tickell 1:19:46
Yes.
Short as a yes.
Giorgio Marfella 1:20:04
Another question that can actually two of a few is with regards to the disclosure of the personnel associated with the project. Now, obviously, particularly in longer projects, Architects have obviously key personnel that might be ongoing, directors normally would be, but not necessarily always the same. So, there's a certain dynamic movement of resources within a firm and an architect might not be in a position to
foresee necessarily at the point of making that agreement, who's going to be exactly doing everything at any point in time. So how can we give advice to Architects to somehow provide something that is transparent and clear to the clients in terms of who that should be dealing and knowing are involved in the project versus obviously the necessity to have some flexibility for running the projects in their own interest, I suppose.
Lisa Tickell 1:20:54
Again, I think we should look to the purpose of this provision, which I understand to be that it's been basically sort of no surprises for the client as to who's going to be carrying out the work. And I appreciate some of the bigger projects, there can be, you know, many, many people coming and going and ebbing and flowing. But at the point of time that you enter into the contract, you know, it would be best endeavours to capture people's names, but probably more importantly is to communicate to the client the roles and the registration status of the people who are carrying out the work. So to make it clear to them that it's not going to be always going to be the director who, or, you know, the person that you may have had face-to-face contact with who will be doing all the work, that there will be a range of people you know, with varying degrees of experience and expertise dealing on, you know, working on a project. So, you know, and even though the requirement is, the requirement is just at the point of, you know, entering into the contract, as I said before, it's, if you can, it's probably a good thing to try and keep your client informed of any key or significant changes in those people. I mean, it's probably a courtesy anyway, you know, so if they're dealing with a new face or a new name, but mostly it's at that initial point to make sure that people are aware that it's not just one person of particular registration status, but you know, it might be that there's a whole range of people who are dealing with the project.
Giorgio Marfella 1:22:01
That's right.
Yeah, so.
Perfect. The spirit is to keep the clients informed, and that's nothing new. It was already in the older code of conduct as well. And so, it would be some other, there's an expectation that, for example, if a project architect changes, the client will be informed, right? And we appreciate the fact that people can come and go, particularly in large projects, but they should not diminish the importance of maintaining that level of information towards the client.
So, the other question related still to client agreements deals with the sharing of the working with an architect brochure. Why is that required and where it's required?
Lisa Tickell 1:23:05
Yes, so, so this the purpose of this clause or this clause is really directed to architects who are dealing with clients who may have never worked with an architect before or have, you know, limited experience in this particular area. And so, the that particular checklist just walks the client through the things that they need to be aware of. Firstly, that your architect is registered. And then it also walks them through what needs to be in the agreement. So, you know, as I said before, it's really important for the clients to understand the terms of the agreement, you know, all the key terms and clauses. And that's what this is meant to do. It's A three-pager at the moment. You know, it will provide just some information to clients before they start a relationship with the client, which they may have never done before.
Giorgio Marfella 1:24:03
Yes, and is that intended for every single project? I mean, this or...
Lisa Tickell 1:24:08
No, look again, it's intended, as I said, for smaller, potentially smaller projects with people who haven't had that experience yet, and it won't apply, only applies to class one and class 10. Again, you know, feel free if you want to hand it to a, you know, a government client. I'm not sure that they will get much from it, but
Giorgio Marfella 1:24:12
For smart for class one and class 10, right? Yeah, yeah, yeah, yeah.
Yes, yeah.
That will require, that's right.
Lisa Tickell 1:24:28
It's, you know, directed to a particular type of client.
Giorgio Marfella 1:24:32
So, you can share it with even beyond class one and class 10, but it is a mandatory, mandatory expectation and mandatory for residential class one and class 10 projects, where, as you explained, that there's a certain clientele that might have minor experience and lots of exposure potentially in not being.
Lisa Tickell 1:24:35
Oh, yes, yeah. Family, friends.
Giorgio Marfella 1:24:52
Experts in understanding the construction industry, and the...
Lisa Tickell 1:24:55
And that's and that's a good point, Giorgio, with the some of the provisions with the client architect agreement, the requirements, as people can see that they are, you know, directed to protect consumers and you know, with you know, larger clients and government clients. some of that information, you know, it will most likely already be in there, you know, quite complex and lengthy client architect agreements, but it, you know, it is designed to protect, you know, people of a particular type, and so I think that needs to be understood.
When reading those provisions.
Giorgio Marfella 1:25:36
And lastly, there was some comments about the new provision for Complaints management.
Now, the question is, the two questions, but they're very much the same. And how can a sole practitioner sort of consider the mechanisms to handle a complaint, given that obviously a sole practitioner may have just one-on-one relationship with a client? So, there's no avail to third parties or mechanisms to mitigate circumstances.
How can we provide some assistance for those who might be sole practitioners in this regard?
Lisa Tickell 1:26:18
Sure, I think it's, you know, it can be as simple as having a written procedure for how you, if it's just one person, will deal with complaints, you know, that, you know, if you receive a complaint, that you'll give it, you know, consideration, how you'll respond, whether you respond in writing or whether you, you know, meet with the client.
It's really for the architect to sort of fit it to-fit it to size. There are Australian standards on Compliance management systems that they may be too complex for the type of practise that you've just described, but just having that process provides that opportunity for there to be sort of some breathtaking, some reflection on the particular complaint, you know hopefully some less emotional consideration of the complaint and then an opportunity to respond. It's, you know, it's really designed to help complaints coming to us that don't need to come to us, that can be dealt with in-house by just providing, you know, that opportunity or that, you know, that buck stop for them to be dealt with before they make their way to the regulator.
Giorgio Marfella 1:27:25
Yeah, obviously the regulator should be disclosed in the new client s agreement as a potential avenue. The purpose of that provision is to is to possibly mitigate before things will come to our attention in a way. So, it's a favourable provision with regards to the Architects and we have confidence in their ability to troubleshoot, for lack of a better word, some things that could potentially escalate and then we're giving that provision. For those who are members of professional bodies, you might find also there may be systems they have in place that could assist you, but of course that would imply that you are one of the members.
And I probably can close now, we've reached the end, although I see there's some other questions that come up. But there was one comment that was made that says, I'm tired, being an architect is exhausting. Yes, we never said it was easy. And but at the same time, we... the purpose of having this provision is not to make the architect's life harder, It's on the contrary, the very much the spirit that we took at the ARBV working on this for several years was to actually make clear to Architects what the normal expectations- the high standards of professional that they have and to assist you in continue to provide the standards as you do. And so, there's no intent to that is punitive, but certainly at the same time, we make an apology of the fact that the bars keep rising, the professional expectations keep rising. We live in a very challenging environment, the built environment, there's significant challenges ahead. And we have also a mandate to ensure that the public is protected and receives the most possible services. So, I take the point, yes, that things can be hard sometimes, but please bear with us. We recommend that you invest your professionalism with us and hopefully you might feel less exhausted at the end of the process.
So, with that, I can probably take it to a close. And I thank you very much, Lisa and Glenice, for all the work that the ARBV has taken to take this.
We will continue to answer some of those questions. We take notice of those. We'll provide in a different way, a formal response in one way or another. So, with that, I wish you all a good afternoon and we will see you again shortly before the end of financial year. So again, thank you everybody and have a good afternoon.
Glenice Fox 1:30:10
Thank you.
Lisa Tickell 1:30:11
Thanks, Giorgio. Thanks, everybody. Bye.
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